Water warning signs raise legal issues

Mike Cannon of Colchester Technical Rescue swims across the Huntington River to recue Britt Pristow of Burlington at the Huntington Gorge in Richmond on June 9, 2004. Pristow was pulled over a set of falls while swimming with friends.(Photo: Free Press file)Buy Photo

Visitors to Vermont's deadliest natural swimming hole, the Huntington Gorge, see three signs in remembrance of people who have drowned over the years.

But because of a hazy legal question, that's not the case at other popular swimming spots.

The Bolton Potholes, for example, lack a warning sign to indicate that five people are known to have died there since 1985.

"It's kind of a dilemma, because these potholes, which are very popular with just about everybody, are also very dangerous at certain times of year, and they're also on private property," said Rep. Tom Stevens, D-Waterbury, whose legislative district includes the potholes.

People who own the land around Vermont's popular swimming spots are afraid that — in a legal twist — posting a warning sign would make them more vulnerable to lawsuits, said Mark Kolter, a Stowe-based lawyer.

Generally, landowners are immune from lawsuits if they allow the public to access their property for swimming, Kolter said.

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The Bolton Potholes on Joiner Brook in Bolton have seen numerous emergency responses over the years.(Photo: Free Press file)

But if the owner posts a warning sign about a particularly dangerous river, someone could argue the sign is the wrong size, located in the wrong place or lacks proper wording, Kolter said. In that case, immunity evaporates.

Concern is so great that one landowner declined to comment for this article — precisely because an attorney had warned against it. Attempts to reach other landowners were unsuccessful.

Kolter is part of a team of lawyers and lawmakers working to change the laws regarding Vermont swimming-hole liability on behalf of Bruce Seifer, the father of a 12-year-old boy who drowned at the Bolton Potholes about four years ago.

The group believes that public education is the best way to increase safety.

Stevens and fellow Rep. Rebecca Ellis, D-Waterbury, have introduced a bill that would encourage landowners to post warning signs.

Under the House of Representatives proposal, any property owner who posts a warning sign about a swimming hole would be exempt from liability for "any damage or injury allegedly arising out of the posting."

Members of the House Judiciary Committee considered the bill briefly last week. With adjournment fast approaching, however, any significant action on the bill is likely to be delayed until next year.

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Colchester Technical Rescue Chief Mike Cannon harnesses Ryan Fazekas, 25, of Wolcott that was caught in the heavy current at the Huntington Gorge on Thursday July 7, 2011.(Photo: Free Press file)

The risk

The tragedy has grown uncomfortably familiar: 36 people have drowned in Vermont lakes, streams and rivers since 2010, according to the Health Department. Some swimming holes are notoriously dangerous.

"About every other year, somebody dies in Huntington Gorge," said Chris Bell, director of emergency preparedness, response and injury prevention at the Health Department.

Kolter, the lawyer, believes that fewer deaths have happened at Huntington Gorge as a result of the memorial sign, but the state says it's difficult to draw conclusions from the data.

Some of Vermont's famous swimming areas are located in state parks.

"We've struggled with, how do we continue to allow people to — how do we even promote vigorous, healthy outdoor pursuits while making people aware of the dangers that exist?" said Michael Snyder, commissioner of the Department of Forests, Parks and Recreation.

The state posts signs in some swimming areas, such as Hamilton Falls in Jamaica State Park, Snyder said, and park staff members inform visitors of hazards.

Snyder believes that encouraging private landowners to share similar information will result in "fewer accidents, fewer fatalities, less heartbreak."

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A swimmer enjoys the lower portion of the Huntington Gorge in Richmond in July 2011. Other sections of the gorge have long been known to be extremely dangerous.(Photo: Free Press file)

Good recreation

As temperatures rise and Vermonters jump in the water, state officials encourage swimmers to take reasonable caution to mitigate risks.

Snyder suggests that people go swimming in groups, look out for one another, bring suitable gear and ask questions about potential risks.

Rivers change constantly, Snyder said, so it's important to be aware of weather and other conditions.

"We don't want to stop good recreation," Snyder said. "We want to stop people from getting hurt if we can help it."

Contact April Burbank at 802-660-1863 or aburbank@freepressmedia.com. Follow her on Twitter at www.twitter.com/AprilBurbank.

Swimming hole caution

The Vermont Department of Health says people have drowned at the following swimming holes in the past several decades: